Atlanta, GA asked in Immigration Law for Georgia

Q: Is it possible to switch from TN-visa to H1-B with the employer filing for an I-140 and porting past Priority Date?

I had an approved I-140 from a past US employer. Now when my PD is close to becoming current, I want to explore the possibility of switching to H1-B and porting the PD

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1 Lawyer Answer
Allen C. Ladd
Allen C. Ladd
  • Immigration Law Lawyer
  • Greenville, SC
  • Licensed in Georgia

A: The I-140 must have ben approved at least 180 days ago in order to port the priority date. The new employer must go through the entire EB process of course before you can adjust, even though the PD may be current.

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